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Showing Posts In "Canada" Category





RANDOM ALCOHOL OR DRUG TESTING: WHEN AN EMPLOYER’S RIGHTS INFRINGE AN EMPLOYEE’S RIGHT TO PRIVACY AND INTEGRITY

The validity of drug testing in the workplace has been the subject of extensive case law. Generally, unilaterally implemented random drug testing in a unionized workplace has been found to be impermissible except in limited circumstances, including where there is a demonstrated drug use problem in a dangerous workplace or other “extreme circumstances”. Those cases […]


CANADA’S PRIVACY OVERHAUL: DEEP DIVE INTO KEY TOPICS OF CROSS BORDER TRANSFERS, SERVICE PROVIDER OBLIGATIONS, AI, EMPLOYMENT CONSIDERATIONS AND CLASS ACTION DEVELOPMENTS

On March 3, 2021, McCarthy Tétrault LLP hosted the second session in its two-part series: Canada’s Privacy Overhaul: Deep Dive into Key Topics. A new article provides an analysis of that webinar with a deep dive into key topics regarding Canada’s privacy overhaul. Read more


CANADA REPLACES U.S. AS TOP WORK DESTINATION

Canada is now the most desirable destination for international workers, overtaking the US for the first time, according to a new study of more than 209,000 people from 190 countries. The research was conducted in late 2020 by Boston Consulting Group and The Network, a global alliance of recruitment websites. “The most striking shift in […]


PRIVACY COMMISSIONER REPORT – GUIDANCE FOR MANAGING INSIDER THREATS

Employees and other insiders are a significant risk to the security of personal information and other data. A substantial portion of cybersecurity incidents is caused or facilitated by an organization’s insiders, whether acting inadvertently or intentionally. The Privacy Commissioner of Canada recently issued a report that provides guidance for managing insider threats. Read more


PUBLIC INPUT REGARDING EXEMPTIONS FROM THE POLICE RECORD CHECKS REFORM ACT, 2015 REQUESTED

The Ontario government has published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their input regarding […]


PERSONAL DATA HANDLING AND PROCESSING IN CANADA

In Canada, does the law require that the holding of PII is legitimized on specific grounds, for example, to meet the owner’s legal obligations or if the individual has provided consent? In general, Canadian privacy legislation requires organizations to obtain meaningful consent for the collection, use, and disclosure of PII. What are the seven principles […]


PROPOSED CANADIAN PRIVACY BILL INTRODUCES FINES AND NEW REQUIREMENTS FOR PRIVATE ORGANIZATIONS

The Canadian government’s overhaul of existing federal private-sector privacy legislation arrived on November 17, 2020, with the first reading of Bill C-11, which would enact the Consumer Privacy Protection Act (CPPA) and the Personal Information and Data Protection Tribunal Act (PIDPTA). Together, the legislation have introduced bold new measures into Canada’s privacy law and have […]


PRIVACY LIMITS ON EMPLOYEE BACKGROUND CHECKS IN ONTARIO

Despite growing concerns about privacy protection, the Ontario government has taken a limited approach to employee privacy legislation. While the Personal Information Protection and Electronic Documents Act (PIPEDA) governs personal information held by provincially-regulated private sector organizations, it does not apply to employee information. Currently, in Ontario, only employee information collected in connection with a […]


EXPUNGING CRIMINAL RECORDS

In 2020, Senator Kim Pate introduced a bill that would provide automatic expungement of criminal records in Canada.  Under the bill, criminal records would automatically be sealed after a certain amount of time following a criminal sentence unless there was a new criminal charge or conviction. Expungement of criminal records is important because a criminal […]


CANADA PRIVACY LAW & DATA PROTECTION

A Federal Digital Charter Implementation Act was introduced in November, and if enacted, would replace the privacy portions of the current Personal Information Protection and Electronic Documents Act. Bill C-11 follows the introduction of Quebec’s Bill C-64, as well as consultation processes in Ontario and British Columbia with respect to changes to privacy. Overall, Canadian […]




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